• Name change on birth certificate

Hi, My son is 3 yrs 11 months old. I want to change his name on birth certificate for school admissions in the coming year. I am a single parent and do not have my husband’s documents. I went to the MCD office they told me without the docs of both parents, you cannot change the name. How can I do that? Kindly help. Also, I want a lawyer in Delhi who can do the process for me.
Asked 4 years ago in Civil Law

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13 Answers

Hello,

Until and unless the custody of the child has been given to you by means of an order of the court, the same can not be done.

The MCD people have informed you rightly.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have been troubled by the MCD people without any reason.

Secondly, name changing is not that difficult at any stage of life.

Thirdly, but let me be straight to the point of your difficulty, you may make an affidavit being the single parent of the child specifying that you want to change the child name.

Fourthly, there is no need to go for the MCD, but still if it takes any trouble for getting the admission in the school then we may file a Writ of Mandamus before the High Court of Delhi (it may not be needed, just a presumption at the worst end).

You can contact me through Kaanoon, and have a meeting in the High Court for further discussion.

Good Luck...!

Do the same by giving advertisement in newspaper about name change.

Once you do that then no schools can deny the same name which now stands as being changed legally.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file a suit in court to change the name by filing declaration suit. You need to produce his birth certificate. Once you obtain the decree and judgment from court you can submit it to MCD to do necessary changes in documents

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

hello

Even though it is lengthy, though, the procedure for changing your name is quite simple. All you need to do is to understand how it is done, what steps need to be taken, what are the documents essential for submitting the request, and you are good to go. There are three mandatory things, which are needed to be done for authorizing the name change: 1. Affidavit Submission: An affidavit needs to be prepared for the name change. 2. Ad Publication: An announcement should be published in the newspaper. 3. Gazette Notification: A notification should be published in the Gazette of India regarding the name change. AFFIDAVIT SUBMISSION The first step in the legal procedure is affidavit submission. You need to contact a notary to do the needful. The following steps would make the process simpler and clearer: 1. Approach your local notary and mention your request. 2. The notary will suggest the stamp paper of required value on which the affidavit for the name change is made. 3. Once you have the paper, you need to provide the following details: a.Name and New name b.Current address c.Reason for a name change (Astrology, numerology, marriage, etc) For an Affidavit, go to local notary and request for a name change affidavit on a Non- Judicial Stamp paper. Value of stamp paper may vary state to state. It is advised to take 100 Rs. stamp Paper if you don’t know. Attest it from Notary. The affidavit must contain your old name, new name, your father name, address and reason of changing your name ( Marriage, Astrology, Addition of Surname etc.) Once the affidavit is printed on a plain stamp paper, it needs to be signed by two witnesses. The legal procedure is to get it signed by two persons of gazetted officer rank. Ensure that you have their signature, along with their stamp (rubber stamp). The affidavit reflects both your old and new name. Affidavits can be used for changing the whole name, surname or just a few letters. Keep a copy of the affidavit. This is a crucial document and comes in handy for any future legal formalities.

2. NEWSPAPER PUBLICATION If you have made the affidavit, the next step is to publish an advertisement/notification in the local newspaper that you have changed your name. For this, you need to select two newspapers, one published in the official language of the state and the other, an English daily. The requirement is to pick two popular daily and send a request to them, stating the following details: a. Your new name b. Your old name c. Date of Birth d. Address Name Change Advertisement Example The newspapers allot a column for these notifications and will be able to guide you on this. The format can be had from any newspaper. Here is a simple example. Let’s assume XYZ is changing his name to ABC. I, XYZ, residing at, have changed my name to ABC, and will be known as ABC from here on in. I have submitted an affidavit to this effect, which was signed by on . Once your notification is published in the newspaper, remember to collect as many copies as you can, and store it for future use. Although one single copy will suffice, it is better to store as many original newspaper ad copies as you can, to be on the safer side. 3. Gazette Notification We are well at the end now, with just the Name Change Gazette Procedure remaining. Once your gazette notification is published, your name change will be legally complete. The name change gazette notification is mandatory for those in employment with the government and optional for others. However, it is substantial proof of your name change. Since it just involves sending a few documents for publication, it may make sense to go through with it. Here is what you need to do to submit the Gazette notification: a. Carry a copy of the ‘Deed changing name form’ available with the Controller of Publication, Department of Publication; b. Alternatively, a letter of declaration from you, stating the need for changing the name will do; c. Carry original copies of advertisements published with the date. (Attach both ads); d. Carry two attested photographs to ensure you go ahead with the procedure uninterrupted; e. Carry address and identity proofs (The address should be the same as the one published in the newspaper and affidavit. Any change of address might result in rejection of application). However, before sending in the following details, call the Controller’s office of Publication to get a detailed account of what all needs to be sent, and note it down. Also, put the above documents in an A4 sized envelope before sending it to the below-mentioned address. The office of the Controller of Publication will send information, with the necessary copies of the Gazette on which the Advertisement/Notification has appeared. Keep this safely for future reference. Now your part of the work in the name change in India process is done. The Government will print the change of your name in the Gazette. The amount charged for Gazette notifications varies –- either Rs. 700 or Rs. 900 –- depending on whether you want a public notice or not. The money can be paid either in cash or by a demand draft/postal order drawn in favour of’ the Controller of Publication, Department of Publication, Civil Lines, Delhi – 110054’. This is the address you need to visit in case you will be submitting it in person (office hours are between 10 AM and 1 PM and 2 PM to 3 PM on any working day), or you can courier/speed post the envelope with all details to the address mentioned above.. Check the website of the Department of Publication (Government of India) for further details, here. Although your work for legalizing your name change is made, it is essential to save all the documents and use it for officially changing your name in the bank records, certificates and any other documents that you deem necessary. The name change documents might come as crucial ones when you apply or renew a passport or for any other future transactions. Also, it is noted in several cases that a person has just the affidavit and the Newspaper advertisements for a name change, and have not notified the Gazette regarding the modification.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

you Would need your husband consent to change your child name in birth certificate

You should approach your husband and with his consent apply for change of name of child in birth certificate

Number of lawyers on this website from Delhi contact any of them

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You can take courts permission that you want to give child name as mother and not father.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Mam, make an affidavit stating that you are single parent and in sole custody of your child and along the application of name change submit it with MCD.

Further if they than also refuse file a writ before delhi high court for directions to MCD to change name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Well, the name of father is more required to get the birth certificate.

Now if the Municipal Authority is not ready to change the name then you can file a writ petition in the high court.

Another option is to make an affidavit affirmed from a Magistrate and then make a newspaper/gazette notification.

On the basis of this affidavit you can start using the new name in all his subsequent public documents.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You cannot change Name in Birth Certificate without permission of High Court. You have to file a special case in High Court to change that and looking to the facts of your situation, there are large chances of success. You can also try to file an affidavit and produce that in Municipality if municipality allows you to change the name

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear client

This can be easily done by making certain affidavits and undertakings and by publishing in newspaper. We can help you in getting all these things done at the comfort of your home.

Adv Vikas Khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Dear mam,

Go through the method of publications and henceforth follow other steps.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear Client,

Being a single parents, you do not need child father presence or his name. You have to get the rejection order from MCD than same shall be set aside by HC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

To change the birth certificate after a legal name change, send these to the State Registrar:

A certified copy of the court order, and.

Data to identify the birth certificate, and.

A request that the birth certificate be amended to show the new name.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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